SAWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are Punjabi Stenography Instructors. They were initially appointed on ad hoc basis during the years 1968 to 1970. Their services were later on regularised with effect from different dates. They were appointed in the pay scale of Rs. 160-10-280/15-400. They claim the pay scale of Rs, 200-450 with effect from their date of appointment and Rs. 225-500 with effect from February 1,1971.

(2.) It is averred that Punjabi was declared as the State language in the year 1968. As such, a number of posts of Stenography Instructors in Punjabi were created in the different Industrial Training Institutes and Centres, A qualification of 5 years' experience had been prescribed. However, at the relevant time, the candidates with the requisite experience were not available. As such this requirement was relaxed. In spite of the relaxation of the qualification regarding experiences the petitioners claim that they were not given the benefit of the revised scales of pay while others who were similarly situate were granted the said benefit. As a result, the action has been challenged as being totally arbitrary and discriminatory. The petitioners claim that they submitted a number of representations and finally they were granted the revised pay scales only with effect from October 13, 1975 on certain dates thereafter. It is the claim of the petitioners that in spite of a decision of the Govt, to grant them the revised scale with effect from the dates when they had completed 5 years of experience, the needful was not done. As a result, the petitioners filed CWPNo. 13890 of 1989 in this Hon'ble Court. In the written statement filed on behalf of the respondents, it was averred that the representation submitted by the petitioners was pending consideration. As a result, the Division Bench vide its order dated March 29,1990 directed the respondents to consider and decide the representation within 6 months. This representation having been rejected by the Govt vide its order dated November 21,1990, in spite of a recommendation from the Director, the petitioners have again approached this Court through the present writ petition.

(3.) In the written statement filed on behalf ofthe respondents, two preliminary objections have been raised. Firstly, it is claimed that a joint petition is not competent. Further, an objection regarding the petition being highly belated, has been raised. On merits, it has been pointed out that "5 years' experience was the basic condition for recruitment" of the Stenography Instructors. Since the petitioners did not possess this qualification, they were placed in the unrevised scale of Rs. 160-400. It has been further explained that vide letter dated February 4, 1974, the State Govt, had only permitted the regularisation of services of Stenography Instructors who did not possess the requisite experience of 5 years at the lime of their initial appointment. It has been further pointed out that the department vide letter dated June 20, 1975, approached the State Govt, to allow the grade of Rs. 225-500 to all Instructors on their acquiring the five years experience. The State Govt, accepted the proposal and issued instructions vide letter dated October 13, 1975 (Annexure P-5). It was directed that "those Stenography Instructors of ITIs (in Punjabi/Hindi/English trades) who acquire the requisite experience of 5 years prescribed for the said posts be allowed the higher prescribed grade of Rs. 200-450/225-500". Thereafter, the department vide its letter dated August 26,1976 sought clarification regarding the date from which the instructions would be applicable regarding the grant of the scale of Rs 225-500. This clarification was necessitated by the fact that some Instructors had acqired the requisite experience of 5 years prior to October 13,1975. Vide letter dated September 7, 1977 (a copy of which has been placed on record as Annexure R-2) the Govt clarified that all such Instructors who have, acquired 5 years experience even before October 13,1975, may be granted the scale of Rs. 225-500 with effect from October 13, 1975. Accordingly, the revised scale has been given to all the persons including the petitioners with effect from October 13,1975 or such other later date when they had acquired the requisite experience. In paragraph 13 of the written statement, it has been inter alia, stated that the petitioners did not have any genuine experience at their credit prior to their joining the department and "as such the experience was considered from the date they joined in the department even on act hoc basis and after attaining the experience of 5 years, they were granted the scale of Rs. 225-500 from 13.10.1975 or afterwards".